In a regulatory move stirring controversy, the advocacy group Food Fight USA is spearheading efforts to introduce legislation in Florida and West Virginia modeled after a California law passed earlier this year. The initiative, which critics describe as “nanny-state” regulation, seeks to ban certain food dyes—a measure proponents claim aligns with the “Make America Healthy Again” agenda championed by President Donald Trump and Robert F. Kennedy Jr. However, detractors argue it represents a covert attempt by Democrats to impose progressive policies on conservative states.
Food Fight USA founder Todd Wagner, in conjunction with Democrat activist Vani Hari, who goes by “Food Babe” online, recently held a joint press conference at the Florida Capitol on March 13, 2025, rallying support for Florida House Bill 641, “Food Additives” and Senate Bill 764, “Food Additives” The duo has positioned these bills as a step toward healthier communities and as legislation focused on combatting childhood obesity, yet scrutiny of their political affiliations and the legislation’s origins has raised questions about their motives.
Federal Election Commission (FEC) records reveal that Wagner donated $100,000 to Vice President Kamala Harris on September 11, 2024—just one day after her presidential debate with President Trump. In February of 2024, Wagner donated $103,250,000 to what was then the Biden Victory Fund, which later became the Kamala Harris Victory Fund when Joe Biden dropped out of the presidential election. Wagner also contributed to Democrat Party organizations in the battleground states of Michigan, Wisconsin, and Pennsylvania during the 2024 election cycle. Todd Wagner lists 2929 Entertainment as his employer in FEC records and on his X bio. The 2929 Entertainment website states that Wagner co-founded the integrated media and entertainment company with Mark Cuban, a rabid Trump hater and Democrat mega donor.
Vani Hari has a well-documented history of advocating for progressive causes, notably serving as a delegate at the 2012 Democratic National Convention in Charlotte, North Carolina for Barack Hussein Obama. She has also been actively involved with the Mecklenburg County Democratic Party in North Carolina, dedicating her time as a volunteer. During the 2024 election cycle, Hari rallied behind Robert F. Kennedy Jr.. After the election, Hari attended Kennedy’s confirmation hearings in the United States Senate.
The legislation Food Fight USA is promoting in Florida, HB641/SB764, “Food Additives” and West Virginia HB2354 mirrors a California law, AB2316, “Pupil Nutrition,” signed into law by California Governor Gavin Newsom in 2024, which imposes strict regulations on small businesses and public schools regarding food additives. While the group’s website lists Florida and West Virginia’s legislation separately from California’s, a side-by-side comparison reveals striking similarities, including identical restrictions on food dyes Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6 which are written in similar sections in each states’ bill. Critics argue this undermines Food Fight USA’s claim of tailoring solutions to red-state priorities, suggesting instead Wagner and Hari are advocating for and promoting a calculated rollout of California nanny state-style policies.
Adding more cause for concern, Food Fight USA’s initiative has garnered endorsements from prominent Democrat and RINO Trump critics Mark Cuban and Arnold Schwarzenegger. Wagner and Cuban are former business partners, and it is worth noting Cuban campaigned for Kamala Harris in 2024, while Schwarzenegger has publicly clashed with conservatives, famously dismissing critics of COVID-19 regulations with the phrase “screw your freedoms” and likening the January 6 Capitol riot to Nazi actions. These associations have intensified skepticism about the group’s alignment with the “Make America Healthy Again” movement.
Opponents of the legislation contend that Food Fight USA is exploiting conservative beliefs in states’ rights as “laboratories of democracy” to push a progressive agenda. They argue that food policy, as a matter of interstate commerce, falls under federal jurisdiction—a power vested in Congress by the Founding Fathers. If enacted, the proposed laws could create economic disparities, and interstate commerce, particularly in border regions. For instance, a family-owned gas station in West Virginia near Ohio could lose business to competitors across the state line, where such regulations would not apply.
The West Virginia legislation is slated to reach Governor Patrick James Morrisey’s desk on Monday, March 24th, 2025. Observers warn that its passage could sow discord among red states and complicate interstate commerce, while also increasing the cost of food in a state where the medium income is $57,917 while the us medium income is $78,538. Critics question why Food Fight USA isn’t collaborating with Trump and HHS Secretary Kennedy to pursue a federal solution if their goal is truly to “Make America Healthy Again.” Instead, the group’s state-by-state approach—beginning with a blueprint from deep-blue California—has sparked accusations of political opportunism and a serious concern over the advocate’s lack of knowledge with regard to interstate commerce and small business operations.
As Governor Morrisey prepares to review the West Virginia bill, many hope he will weigh these concerns and consider vetoing what some call a Trojan horse bill for Democrat priorities in a Republican state.
